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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
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Texas Eviction by Jury Trial: A Guide for Landlords

John Wilson • September 23, 2024

Navigating Texas Eviction by Jury Trial:
A Landlord’s Essential Guide

As a landlord, you invest significant time, money, and effort into your rental property—often sacrificing personal time, taking on financial risks, and enduring the challenges of property management to provide a safe and comfortable home for your tenants. You carefully select renters, maintain the property, and uphold your end of the lease agreement with the expectation that tenants will do the same. Unfortunately, there are times when this relationship is exploited, with tenants failing to pay rent or violating lease terms, leaving you to face the daunting task of navigating legal proceedings. When a renter takes advantage of your hard work and dedication, it’s not just a breach of contract—it’s a breach of trust, turning what should be a mutually respectful business arrangement into a costly and stressful ordeal.


Our expert eviction lawyers know that every eviction can be a challenging process—costly, time-consuming, and stressful. But when a tenant requests a jury trial, it elevates the situation to a whole new level of complexity. This blog is a guide on navigating eviction by jury trial in Texas, with some practical insights and strategies to help you understand and manage the process effectively.


Pursuing Settlement in a Texas Eviction: Your Best Option

Before diving into the complexities of an eviction jury trial, consider aggressively pursuing a settlement. It’s often the most cost-effective and least stressful option. If settlement isn’t possible, hiring an experienced attorney can greatly improve your chances of success. However, if you prefer to handle the process yourself, this guide will walk you through the critical steps involved in an eviction jury trial.


Why Tenants Can Request an Eviction Jury Trial in Texas

The state of Texas permits tenants to request a jury trial during an eviction because possession of real estate is considered a distinct property right. While ownership (title) and possession are separate legal concepts, the U.S. Constitution mandates that a person’s right to possession cannot be taken away without due process, including notice and a hearing. Texas law allows tenants to have these hearings conducted by a jury.  Even though a person cannot hold, feel, or touch your right to be in possession of your home, possession of real estate is nonetheless a “property right.” 


How Tenants Request a Jury Trial

To obtain a jury trial, tenants must make a request no later than 14 days before the original trial date. If a tenant cannot afford the jury fee, they may apply for a waiver on grounds of indigence. Texas courts are often lenient in granting such requests, especially for tenants who demonstrate financial hardship.


Jury Selection Process in Texas Eviction Trials


  • Creating the Venire

The potential jurors for a trial are collectively known as the venire. On the day of the trial, if there are fewer than 12 prospective jurors present, the judge may reschedule the trial or order the Constable to summon additional jurors from the general public, a process called “summoning talesmen.” Although rare, this can happen, and it’s something landlords should be prepared for.

  • Drawing the Jury

The court will randomly organize the venire to form the jury list, either through software or by traditional methods like drawing names from a hat. The first six names on the list will become your jury unless you or your tenant use your strikes to remove jurors.

  • Selecting the Jury (Voir Dire)

You and your tenant will conduct voir dire, a process of questioning potential jurors to uncover biases or prejudices that may affect their judgment. This is one of the most critical steps in a jury trial because the makeup of your jury can significantly impact the outcome.


Presenting Your Case in a Texas Eviction Jury Trial


  • Opening Statements

The opening statement is your first opportunity to outline your case to the jury. It's essential to clearly present the key facts and the sequence of events in a logical and understandable way. Chronological presentations usually work best, but clarity is key. Ensure that your documents and evidence are organized to guide the jury through your narrative smoothly. Its important to avoid redundancy and making the same argument over and over again with different witnesses.

  • Witness Testimony

Witnesses can bolster your case by adding credibility. However, it's important to choose effective witnesses who can calmly and clearly present their observations. Witnesses who appear too emotional or argumentative may negatively impact your case, especially during cross-examination. Use witnesses sparingly and strategically—only when their testimony adds significant value to your case.

  • Cross-Examination and Objections

Your tenant will also have the opportunity to cross-examine your witnesses and present their side of the story. Be vigilant during this process and ready to object if your tenant attempts to make statements without being on the witness stand, as these statements are considered testimony.

  • Closing Trial Statements

Your closing statement is crucial. You need to summarize the case effectively and guide the jury through a logical sequence of questions that leads them to your desired conclusion: that you, as the landlord, have the superior right to possession. Make sure to address the specific issues raised during the trial and reinforce the key points that support your case. It is essential to guide the jury through a series of questions that logically lead to the ultimate issue at hand, persuading them that these are the questions they need to address. The specific questions may vary depending on the facts of your case. For instance, in one eviction case, the jury had to decide whether a tenant’s constant loud parties were a lease violation. The landlord was angry, but the jury’s focus was on the evidence presented. You should remember that while you might feel wronged, jurors do not share your emotional investment and must deliberate impartially, often leading to unexpected verdicts.

Key Questions Jurors Must Answer in Eviction Trials

In a typical eviction case, particularly those involving non-payment of rent, the jury must answer several questions, such as:

  • Does the landlord own the property?
  • Is there an enforceable lease agreement between the parties?
  • Did the tenant breach the lease by failing to pay rent?
  • Was the notice to vacate delivered according to state law?
  • Did the landlord wait the required time before filing the eviction?
  • Who has the Superior Right of Posession?

The ultimate question the jury must answer is:
Does the landlord have the superior right of possession?

Possession is a protected legal right, separate from ownership, and determining this right involves assessing whether the tenant has breached the lease agreement or other legal obligations that justify their removal. For landlords, this question is critical because it directly impacts their ability to reclaim their property and continue to use it as intended, whether for rental income or personal use. Juries must evaluate the facts presented—such as lease agreements, payment records, notices, and the fulfillment of legal procedures—to decide if the landlord’s right to possession outweighs any claims or defenses the tenant may have. Their decision on this question ultimately dictates whether the landlord can regain control of the property or if the tenant can remain, making it the pivotal point in any eviction trial.


Navigating the Landlord-Tenant Jury Trial

Navigating an eviction by jury trial is complex, and Justice of the Peace Courts, where these cases are often heard, are no exception. If you’re facing this scenario, understanding the process, preparing meticulously, and considering professional legal assistance can make all the difference in achieving a favorable outcome. Remember, jurors are human and can be swayed by emotions and personal biases. They may sympathize with tenants, even if the evidence is in your favor. It’s not uncommon for juries to split decisions, such as awarding possession to the landlord but denying claims for back rent.


Landlord's Recovery of Attorney’s Fees and Costs in Eviction Suit


To recover attorney’s fees in an eviction suit, a landlord must provide a tenant who is unlawfully retaining possession of the property with a written demand to vacate. This demand must clearly state that if the tenant does not vacate the premises within 11 days of receiving the notice, and if the landlord subsequently files suit, the landlord may seek to recover attorney’s fees. The demand must be sent via registered mail or certified mail, with a return receipt requested, at least 10 days before the lawsuit is filed.


If the landlord complies with these requirements or if a written lease specifically entitles the landlord to recover attorney’s fees, the prevailing landlord is entitled to recover reasonable attorney’s fees from the tenant. Similarly, if the notice is given, or if the lease permits either the landlord or the tenant to recover attorney’s fees, the prevailing tenant is entitled to recover reasonable attorney’s fees from the landlord. Unlike the landlord, a prevailing tenant is not required to provide notice to recover attorney’s fees under this provision. In all cases, the prevailing party is entitled to recover all court costs. See Texas Real Property Code, Section 24.006.

Frequently Asked Questions About Texas Eviction by Jury Trial for Landlords

  • What Is The Dallas Temporary Eviction Ordinance?

    During the time when the Dallas Temporary Ordinance is in effect, prior to a landlord sending a notice to vacate to any residential tenant that fails to pay rent, the landlord must first send the tenant a Notice of Proposed Eviction (Notice) notifying the tenant of tenant's unpaid rent, requesting the tenant to respond in writing within 10 days (response period) with proof of "QRAP" (Qualify Rental Assistance Program) application will then have 60 days from the date of the Notice for such assistance to be paid or scheduled for payment before an eviction may proceed. During the workout period, a landlord is prohibited from sending a tenant a notice to vacate to evict the tenant.


    If tenant does not respond in writing withing 10 days eviction proceedings may begin on the 11th day. 

  • What Is An Eviction By Jury Trial, And Why Can Tenants Request One In Texas?

    An eviction by jury trial is a legal process where a jury, instead of a judge, decides whether a landlord has the right to regain possession of a rental property. Tenants can request a jury trial because possession of real estate is a property right protected by the U.S. Constitution. Texas law allows tenants to have their eviction cases heard by a jury to ensure due process, which includes the right to notice and a hearing.

  • How Can A Tenant Request A Jury Trial During An Eviction In Texas?

    Tenants must request a jury trial at least 14 days before the scheduled trial date for non-eviction cases, and no later than 3 days before the trial if an eviction is requested. If the tenant cannot afford the jury fee, they may file an affidavit of indigence to ask the court to waive the fee. Texas courts are generally accommodating in granting these requests, particularly for tenants who demonstrate financial need.

  • What Is The Process Of Selecting A Jury In An Eviction Trial?

    The jury selection process involves several steps. First, potential jurors, called the venire, are randomly ordered by the court. Both the landlord and the tenant have the right to question these potential jurors (a process called voir dire) to identify any biases or prejudices that might affect the case. After voir dire, the parties select six jurors from the venire to serve on the jury.

  • What Should Landlords Focus On During Their Opening And Closing Statements In An Eviction By Jury Trial?

    During the opening statement, landlords should clearly outline their case and present the key facts in an organized, chronological manner to ensure the jury understands the sequence of events. In the closing statement, landlords must succinctly summarize the evidence presented, guide the jury through the questions they need to answer, and convincingly argue why the evidence supports the landlord’s right to possession.

  • What Outcomes Can Landlords Expect From An Eviction By Jury Trial?

    Eviction by jury trials can be unpredictable. While the jury's primary task is to determine if the landlord has the superior right to possession, jurors may be influenced by sympathy towards the tenant. It’s not uncommon for juries to issue mixed verdicts, such as awarding possession to the landlord but denying claims for back rent. The outcome often depends on how well the case is presented and the jurors' perception of the evidence and witnesses.

  • Requirements for Notice To Vacate?

    The notice to vacate must be delivered either in person or by mail to the premises in question. Personal delivery can be accomplished by directly handing the notice to the tenant or to any individual residing at the premises who is 16 years of age or older. Alternatively, the notice may be personally delivered to the premises and securely affixed to the inside of the main entry door.


    If delivered by mail, the notice may be sent via regular mail, registered mail, or certified mail with a return receipt requested, addressed to the premises in question. In cases where the dwelling lacks a mailbox and is equipped with a keyless bolting device, alarm system, or a dangerous animal that prevents the landlord from entering to leave the notice inside the main entry door, the landlord may securely attach the notice to the outside of the main entry door. The notice period begins on the day the notice is delivered.


    If, prior to serving the notice to vacate as outlined in this section, the landlord has provided the tenant with a written notice or reminder that rent is due and unpaid, the landlord may include in the notice to vacate a demand for the tenant to pay the delinquent rent or vacate the premises by the specified date and time stated in the notice.


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A person is holding a cell phone in front of a book titled artificial intelligence
By John Wilson February 19, 2025
Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
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Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. 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While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. 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Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. 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When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. 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Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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